Lively v. Colvin

Filing 22

ORDER granting 20 Motion for Attorney Fees - by Judge J Richard Creatura.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CHRISTAL DAWN LIVELY,
Plaintiff,

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v.

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NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,

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CASE NO. 3:16-cv-05594 JRC
ORDER ON UNOPPOSED
MOTION FOR EQUAL ACCESS
TO JUSTICE ACT FEES AND
EXPENSES AND FOR COSTS

Defendant.

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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local
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Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge
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and Consent Form, Dkt. 6; Consent to Proceed Before a United States Magistrate Judge, Dkt. 8).
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This matter is before the Court on plaintiff’s Petition for Award of Attorney’s Fees, Costs and
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Expenses Pursuant to the Equal Access to Justice Act 28 U.S.C. §§ 2412, 1920. See Dkt. 20.
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Defendant has no objection to plaintiff’s request. See Dkt. 21.
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), plaintiff’s
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petition/motion (see Dkt. 20), the attorney affidavit with time and expense itemizations (id., pp.
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ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND
EXPENSES AND FOR COSTS - 1

1 7-10), and the relevant record, it is hereby ORDERED that EAJA attorney’s fees of $6,531.85
2 and expenses in the amount of $7.50 (postage), shall be awarded to plaintiff pursuant to the
3 EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at
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It is further ORDERED that costs in the amount of $13.60 (copies) shall be awarded to

6 plaintiff pursuant to 28 U.S.C. §1920.
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The Acting Commissioner agrees to contact the Department of Treasury after the Order

8 for EAJA fees, expenses and costs is entered to determine if the EAJA fees, expenses and costs
9 are subject to any offset. If it is determined that plaintiff’s EAJA fees, expenses and costs are not
10 subject to any offset allowed pursuant to the Department of the Treasury’s Offset Program, then
11 the check for EAJA fees, expenses and costs shall be made payable to Rosemary B. Schurman,
12 Esq., based on plaintiff’s assignment of these amounts to plaintiff’s attorney. See Petition and
13 attorney affidavit, Dkt. 20, pp. 7, 9. If there is an offset, the remainder shall be made payable to
14 plaintiff, based on the practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv15 122, Dkt. 22, p. 4). Any check for EAJA fees, expenses and costs shall be mailed to plaintiff’s
16 counsel, Rosemary B. Schurman, Esq., at 8123 NE 115 Way, Kirkland, WA 98034.
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Dated this 27th day of March, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND
EXPENSES AND FOR COSTS - 2